Reports of nude photo disseminated at Voc-Tech spark questions
The U.S. Title IX civil rights law is at the center of a legal dispute between Maria Doe — a former student at GNB Voc-Tech who says her nude photos were stolen from her phone and disseminated across the internet in 2016 by a classmate — on one side, and the New Bedford-based regional school district on the other side. This case highlights the critical importance of understanding one’s rights and the proper procedures to follow when facing unjust situations. In similar vein to those seeking to understand what are my rights during a DCF investigation,
The lawsuit, filed last month in U.S. District Court, Boston, alleges several school officials and a New Bedford Police Department officer who is the school resource officer there, treated the student’s complaint with “deliberate indifference” as part of an effort to protect the perpetrator who is the son of an NBPD officer, according to the complaint. The federal law, though, is complicated in this case by state laws, requiring local school districts to report allegations of neglect and abuse to the state’s Department of Children and Families, which investigates these complaints, sometimes in conjunction with the local district attorney’s office, sources said.
Andra J. Hutchins, an education lawyer with the firm of Kerstein, Coren and Lichtenstein LLP of Wellesley, said that speaking generically public schools must have a Title IX coordinator and school officials must refer a complaint of sexual harassment to the coordinator. All public and private elementary and secondary schools, school districts, colleges and universities which receive any federal funds must comply with this requirement under Title IX.
“The coordinator’s responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints,” according to information online from the U.S. Office of Civil Rights. In its 2019-2020 student handbook, which is available online, GNB Voc-Tech states its sexual harassment policy. “It is the goal of Greater New Bedford Regional Vocational Technical High School to promote a workplace and educational experience that is free of sexual harassment,” the policy reads.
“Sexual harassment of employees or students occurring in the school, or in other educational settings in which employees or students may find themselves, is unlawful and will not be tolerated,” it continues. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated,” it says. A student handbook for 2016 wasn’t available online. GNB Voc-Tech officials said they have no knowledge about Maria Doe’s lawsuit.
It is the coordinator’s responsibility to conduct an investigation and interview the complainant and the accuser and any other witnesses who may be involved in the dispute or have knowledge about it and make some determinations, Hutchins said. “Did he do what the complainant says he did?” she said for example.
Then the Title IX coordinator must issue a report and provide the complainant with a copy, she said. The complainant cannot be told the discipline taken against the perpetrator. There also must be an outcome once a complaint has been made. In addition, all schools are mandated reporters, and as a general matter, they are required to report allegations of abuse and neglect to the state Department of Children and Families, she said.
″(Reporting) to law enforcement is a different issue,” she said. She said school officials must notify law enforcement of bullying and retaliation when the conduct may result in criminal charges. Schools may also be required to report allegations of sexual harassment to DCF, depending upon the facts, she said.
An allegation of dissemination of pornography could also fall into the category of abuse or neglect and there would be an obligation for a school to report it to DCF, she said. Gregg Miliote, a spokesman for Bristol County District Attorney Thomas M. Quinn III, said if a student’s nude photos are disseminated by another student and the school becomes aware of it, then the school is required to file a report of child abuse and neglect (commonly known as a Chapter 51A) to DCF.
DCF would then review the 51A report, and if they found any possible criminality, it would refer the matter to the local DA’s office for a criminal investigation, he said. According to the U.S. Title IX Resource Guide, “retaliation against an individual because the individual filed a complaint alleging a violation of Title IX; participated in a Title IX investigation, hearing, or proceeding; or advocated for others’ Title IX rights is also prohibited. The recipient should ensure that individuals are not intimidated, threatened, coerced, or discriminated against for engaging in such activity.”
Helene H. Bettencourt, a spokeswoman for the state Department of Education, said school officials are generally well-advised to report suspected criminal activity to the police, but whether a particular incident or complaint warrants a report to the police will depend on the specific facts. She also said that a parent, student, or other individual could also report suspected criminal activity to the police.
Title IX requires an educational institution to respond to sex-based harassment that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the recipient’s education programs and activities (i.e., creates a hostile environment),” the law says. If an investigation reveals that the harassment created a hostile environment, the educational institution must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects,” it says.In the context of a DCF investigation process, understanding what are my rights during a DCF investigation becomes crucial for individuals navigating through such challenging scenarios.
Source: southcoasttoday.com
DISCLAIMER
You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.
Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.
Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.
Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances. Thank you.
Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.
Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.